ODEDEYI & ORS
V.
ODEDEYI & ANOR

(2000) JELR 44182 (SC)    

Supreme Court  ·  SC.128/1993 ·  11 Feb 2000 ·  Nigeria
 · 
Other Citations
Odedeyi v. Odedeyi (2000) 3 NWLR (Pt.650) 655 (2000) 2 S.C 93
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
warehouses
appellants
land
lower court
court of appeal
discretion
factories
stay of execution
high court
j.s.c
res
special circumstance
stay of execution of the judgment
5th defendants
brother belgore
high court of lagos
higher court
interlocutory appeal
leading judgment
livestock feeds ltd.
n10,000.00 costs
substantial ground of appeal
victorious party
1st defendant
2nd plaintiffs
affidavit
affidavit evidence
brother belgore j.s.c.
case
counter-affidavit
court of appeal lagos
decision of court of appeal
different approach
earlier application
fruit of his victory
guiding principles
ikeja high court
interlocutory decision of the lower court
main issue
main plank of the appellants
normal circumstance
only unfortunate thing
original state
said factories
s.c
security guards
subject-matter of the appeal
substantial parts of the reliefs
trial court

BELGORE, J .S.C (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Court of Appeal which refused to grant the appellants a stay of execution of the judgment of High Court of Lagos. An earlier application for stay of execution pending appeal was refused by the High Court leading to similar application in Court of Appeal which was also refused.

The 1st and 2nd plaintiffs/respondents sued the 1st, 2nd, 3rd, 4th and 5th defendants/appellants seeking the setting aside of a certain deed of conveyance made by 1st Defendant to 2nd defendant and from 2nd Defendant to 3rd, 4th and 5th defendants as tenants. High Court granted substantial parts of the reliefs sought including nullification of the deed of conveyance, damages for trespass and injunction. The main issue in this appeal is very narrow and it is as follows:

"Whether the Court of Appeal Lagos (Division) was wrong in refusing the applicant's application for stay of execution of the judgment of th…

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